BENSON OLAYIWOLA AND ANOTHER VS JOSEPH OLADIPUPO ASHIRU
August 29, 2025OGBEREJEKO OGBODU VS ERIYOTA OOGHA AND ANOTHER
August 29, 2025Legalpedia Citation: (1967-05) Legalpedia 20784 (SC)
In the Supreme Court of Nigeria
Holden at Abuja
Fri May 26, 1967
Suit Number: SC 428/1965
CORAM
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
M. OLA OWODUNNI
APPELLANTS
ANTHONY AKINSOLA GEORGE
RESPONDENTS
AREA(S) OF LAW
LAND LAW – LAW OF EQUITY- ACQIESCENCE
SUMMARY OF FACTS
The respondent, who claimed title to the land in dispute, did not challenge the appellant until the appellant had put up substantial building on the land.
HELD
The court held that the respondent was barred from claiming title to the land on the principles of acquiescence.
ISSUES
Whether the lower court was right in holding that the appellant ought to have investigated the appellant title in refusing the defence of acquiescence.
RATIONES DECIDENDI
ACQUIESCENCE
‘To raise defence of acquiescence, two things are required, first, that the person expending the money supposes himself to be building on his own land; and, secondly, that the real owner at the time of the expenditure knows that the land belongs to him and not to the person expending the money in the belief that he is the owner.’ Per Bairamian J.S.C
CASES CITED
1. Ramsden v. Dyson (1866) L.R., 1 H.L. 129
2. Willmott v.Barber (1880) 15 Ch. D. 96
3. Morayo v.Okiade, 8 W.A.C.A. 46
4. Rennie v. Young (1858) 44 E.R. 939
STATUTES REFERRED TO
